Cisco Second Amended Complaint Against Arista

1
2
3
4
Kathleen Sullivan (SBN 242261)

kathleensullivan@quinnemanuel.com
QUINN EMANUEL URQUHART &
SULLIVAN LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Telephone: (212) 849-7000
Facsimile: (212) 849-7100
Steven Cherny (pro hac vice )

steven.cherny@kirkland.com
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, New York 10022
Telephone: (212) 446-4800
Facsimile: (212) 446-4900
5
6
7
8
9
10
11
12
13
14
Adam R. Alper (SBN 196834)

adam.alper@kirkland.com
555 California Street
San Francisco, California 94104
Telephone: (415) 439-1400
Facsimile: (415) 439-1500
Sean S. Pak (SBN 219032)

seanpak@quinnemanuel.com
John M. Neukom (SBN 275887)
johnneukom@quinnemanuel.com.
SULLIVAN LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
Michael W. De Vries (SBN 211001)

michael.devries@kirkland.com
333 South Hope Street
Los Angeles, California 90071
Telephone: (213) 680-8400
Facsimile: (213) 680-8500
Mark Tung (SBN 245782)

marktung@quinnemanuel.com
SULLIVAN LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
Telephone: (650) 801-5000
Facsimile: (650) 801-5100
15
16
Attorneys for Plaintiff Cisco Systems, Inc.
17
18
UNITED STATES DISTRICT COURT
19
NORTHERN DISTRICT OF CALIFORNIA
20
CISCO SYSTEMS, INC.,
21
Plaintiff,
22
v.
23
ARISTA NETWORKS, INC.,
24
Defendant.
25
26
27
28
)
)
)
)
)
)
)
)
)
)
)
CASE NO. 5:14-cv-5344-BLF

SECOND AMENDED COMPLAINT
FOR COPYRIGHT AND PATENT
INFRINGEMENT
DEMAND FOR JURY TRIAL
1
2
3
SECOND AMENDED COMPLAINT FOR COPYRIGHT AND PATENT INFRINGEMENT

Plaintiff Cisco Systems, Inc. (Cisco), for its complaint against Defendant Arista Networks, Inc.
(Arista), hereby demands a jury trial and alleges as follows:
4
INTRODUCTION
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1.
Cisco is an information technology (IT) company that was founded in 1984. Cisco is the
worldwide leader in developing and implementing the networking technologies that enable global
interconnectivity and the Internet of Everything. Cisco employs thousands of networking engineers at
its headquarters in San Jose, California, and elsewhere, and invests billions of dollars annually in
research and development focused on creating the future of networking technologies.
2.
Decades after Ciscos founding, Arista was founded by former Cisco employees, many of
whom are named inventors on Ciscos networking patents. Among others, Aristas: 1) founders,
2) President and CEO, 3) Chief Development Officer, 4) Chief Technology Officer, 5) Senior Vice
President for Customer Engineering, 6) Vice President of Business Alliances, 7) former Vice President
for Global Operations and Marketing, 8) Vice President of Systems Engineering and Technology
Marketing, 9) Vice President of Hardware Engineering, 10) Vice President of Software Engineering, and
11) Vice President of Manufacturing and Platform Engineering all were employed by Cisco prior to
joining Arista. Moreover, four out of the seven members of Aristas Board of Directors were previously
employed by Cisco.
3.
Aristas goal is to sell networking products. Rather than building its products and
services based on new technologies developed by Arista, however, and providing legitimate competition
to Cisco, Arista took a shortcut by blatantly and extensively copying the innovative networking
technologies designed and developed by Cisco.
4.
Arista has acknowledged the substantial investment in time and employment that would
have been required to legitimately compete with Cisco. Aristas President and Chief Executive Officer,
former Cisco employee Jayshree Ullal, has stated:
Since I helped build the enterprise [at Cisco], I would never compete with Cisco directly
in the enterprise in a conventional way. It makes no sense. It would take me 15 years
28
1
Case No. 5:14-cv-5344-BLF
and 15,000 engineers, and thats not a recipe for success. (Emphasis added.)
2
3
4
5
6
7
5.
avoided hiring the thousands of engineers and making the substantial investments that would otherwise
have been needed to legitimately develop its own technologies. Indeed, Cisco is not the only party to
find itself aggrieved by Aristas alleged misappropriation of intellectual property. Arista Co-Founder
David Cheriton has himself alleged that Arista misappropriated his own intellectual property in a
complaint that his company Optumsoft has filed against Arista.
8
9
10
11
12
13
14
15
16
17
6.
20
21
22
System (IOS1, IOS XR, and IOS XE) and its Nexus Operating System (NX-OS) (collectively,
Cisco IOS), which was developed by Cisco for its products. Arista also flagrantly copied Ciscos
operating system documentation into Aristas documentation. Of particular importance, Aristas
verbatim copying of the Cisco IOS software allowed it to replicate Ciscos widely acclaimed commandline interface (CLI). A CLI is the set of commands employed by a user in operating technology
products. Ciscos CLI is used by Ciscos customers to communicate with its products, as well as to
configure and manage them. Arista also incorporated numerous patented Cisco technologies into
Aristas products covering a variety of critical features on Aristas products.
7.
Arista deliberately and repeatedly engaged in extensive copying in order to compete
unfairly with Cisco. Arista publicly touts that its copying of Ciscos CLI makes it easier for Ciscos
customers to switch rapidly from Ciscos products to competing products sold by Arista. Arista even
has publicly congratulated itself for avoiding the time and investment needed to create the CLI that
Cisco created. For example, Ms. Ullal has stated:
23
[A] Cisco CCIE expert would be able to use Arista right away, because we have a
24
similar command-line interface and operational look and feel. Where we dont have to
25
26
Aristas use and copying of Ciscos technologies and copyrighted materials is widespread
and flagrant. Arista copied Ciscos operating system software (including its Internetwork Operating
18
19
In fact, by simply copying numerous networking technologies developed by Cisco, Arista
invent, we dont. (Emphasis added.)

Ullals statement is noteworthy for its understatement, however. While it has long been understood that
27
28
Cisco also owns the IOS name and has licensed it to Apple for use in Apples mobile devices.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
simple single-word commands in a CLI may not be protectable under copyright (Copy, Paste, and
Delete, for example), in Aristas case the expression and organization of over 500 of the multi-word
commands in Ciscos CLI are copied verbatim. This contrasts with far less overlap in the case of other
Cisco competitors. Moreover, as described below, the CLI copying is just the tip of the iceberg.
Aristas slavish copying of Cisco materials goes far beyond the CLI, including extensive copying of not
only Ciscos software, but also Ciscos documentation.
8.
Aristas co-founder and current Chief Technology Officer, Kenneth Duda, has likewise
touted Aristas copying of Ciscos CLI. Mr. Duda, in fact, explained that Arista decided to [p]rovide
familiar interfaces to ease adoption, including a standard CLI that retains familiar management
commands (emphasis added), so much so that 80% [of Arista customers] tell us they appreciate the
way they can leverage their deep [Cisco] IOS experience, as they can easily upgrade an aging [Cisco]
Catalyst infrastructure to Arista. Mr. Duda also stated:
Familiar management interfaces, standard CLI Its been very helpful for our
customers to be able to rapidly adopt our products and integrate them into their
environments [and] that our switches provide a familiar management interface so their
existing tools and processes, screen scraping, automation, continue to work just as they
did before.
9.
As demonstrated by networking products from other vendors, Arista did not need to
extensively copy Ciscos creative expression in order to sell a functioning product. By its own
admission, Arista copied Cisco in order to take a shortcut to compete with Cisco using Ciscos own
technologies, while avoiding the investments in employees, money, and time that would have been
needed to develop products based on new technologies. In particular, Arista copied Ciscos software,
including the detailed expression, hierarchy, and organization of at least five hundred unique multi-word
commands from Ciscos CLI, examples of which are included in attached Exhibit 1. Arista also copied
extensively from Cisco IOS documentation, in many cases copying portions of text verbatim from Cisco
IOS documentation such as user guides and manuals, including down to typos. For example:
27
28
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Additional examples of Aristas copying of Ciscos IOS documentation are included in attached Exhibit
2.
16
17
18
10.
technologies into Aristas products and by telling customers that a primary benefit of using those
products is that they are just like Ciscos.
19
20
21
22
11.
25
Aristas actions also significantly harm innovation. If Aristas copying allows it to avoid
what is needed to develop new technologies, other companies will be encouraged to simply copy others
proprietary technologies rather than to hire engineers, invest in innovation, and develop new
technologies. That result would significantly threaten the American economy and global innovation.
23
24
Arista has caused significant and irreparable harm to Cisco by incorporating Ciscos
12.
Cisco welcomes legitimate competition in the marketplace. Its executives have written
and spoken in support of employee mobility, and Cisco believes strongly and has stated that allowing
people to move freely between companies fosters innovation.2 But Arista has unlawfully and
26
27
28
Cisco, Cisco Blog - The Platform, Employee Mobility, available at

http://blogs.cisco.com/tag/employee-mobility/.
4
1
2
intentionally copied technologies developed by thousands of Cisco engineers in order to take shortcuts,
rather than to innovate. Such unlawful behavior stifles innovation and cannot be condoned.
3
NATURE OF THE ACTION
4
5
6
13.
This is a civil action for copyright infringement under the Copyright Laws of the United
States, 17 U.S.C. 101 et seq., for patent infringement under the Patent Laws of the United States, 35
U.S.C. 1 et seq., and for such other relief as the Court deems just and proper.
7
THE PARTIES
8
9
14.
California, having its principal place of business at 170 West Tasman Drive, San Jose, California 95134.
10
11
12
Plaintiff Cisco Systems, Inc., is a company duly organized and existing under the laws of
15.
Defendant Arista is a corporation duly organized and existing under the laws of
Delaware, having its principal place of business at 5453 Great America Parkway, Santa Clara, California
95054.
13
JURISDICTION
14
15
16
17
18
19
20
21
22
16.
This civil action asserts claims arising under the Copyright Laws of the United States, 17
U.S.C. 101 et seq., and the Patent Laws of the United States, 35 U.S.C. 1 et seq. This Court has
subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a).
17.
This Court has personal jurisdiction over Arista. Arista has maintained its principal place
of business in the Northern District of California since 2004. Arista also has engaged in substantial and
not isolated business activities in the Northern District of California. Specifically, Arista, directly and/or
through third parties, has made, used, sold, and/or offered for sale within the Northern District of
California and/or imported into the Northern District of California infringing networking products and
other works.
23
VENUE
24
25
26
27
18.
Venue properly lies in this District under 28 U.S.C. 1391 and 1400(b) because
Aristas principal place of business is in this District, acts of copyright and patent infringement have
been committed in this District, and Arista is subject to personal jurisdiction in this District. In addition,
venue is proper because Cisco has suffered harm in this District.
28
5
1
2
3
INTRADISTRICT ASSIGNMENT
19.
This Complaint includes an Intellectual Property Action, which is an excepted category
under Civil Local Rule 3-2(c). Consequently, this action is assigned on a District-wide basis.
GENERAL ALLEGATIONS
CISCO IS THE WORLDWIDE LEADER IN NETWORKING INNOVATIONS
20.
Founded in 1984, Cisco is the worldwide leader in developing, implementing, and
providing the technologies behind networking products and services. Cisco develops and provides a
broad range of networking products and services that enable seamless communication among
individuals, businesses, public institutions, government agencies, and service providers. Specifically,
10
the thousands of engineers who work at Cisco develop and provide networking hardware, software, and
11
services that utilize cutting-edge technologies to transport data, voice, and video within buildings, across
12
cities and campuses, and around the world.
13
21.
Since its founding, Cisco has pioneered many of the important technologies that created
14
and enabled global interconnectivity. During the past three decades, Cisco has invested billions of
15
dollars, and the time and dedication of thousands of its engineers, in the research and development of
16
networking products and services, culminating in the development of a highly-successful interface and
17
related technologies that have driven the proliferation of Ciscos computer networking technologies and
18
the Internet.
19
22.
Included in Ciscos products is a highly innovative original operating system CLI that is
20
familiar to users of Ciscos products as well as additional features that are important to the successful
21
deployment of large and small networks based on the demands of todays networking environments.
22
Cisco remains at the forefront of developing cutting-edge networking technologies: in the last fiscal year
23
alone, Cisco invested more than $5 billion in ongoing research and development and employed more
24
than ten thousand engineers in California and elsewhere.
25
23.
Ciscos intellectual property rights, including its copyright and patent rights, protect its
26
valuable operating system, including the interface and other technologies developed by Cisco that are
27
incorporated therein. As a result of its innovations, Cisco has developed a portfolio of hundreds of
28
registered U.S. copyrights, including the copyrights asserted in this action, as well as a substantial patent
6
portfolio including the two patents asserted in this action.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
CISCOS COPYRIGHTED OPERATING SYSTEM

24.
Cisco IOS includes many of Ciscos core technologies, encompassing both patented
technologies and also creative expression, including, among other things, proprietary source code,
command expressions, organization and command hierarchies, Ciscos CLI, and corresponding screen
displays. Cisco IOS, and specifically Ciscos CLI, is recognized by customers and the industry
generally as a very important, unique aspect of Ciscos products that contributes tremendously to the
success and widespread acceptance of Ciscos products.
25.
Cisco owns copyrights in Ciscos IOS and related documentation, many of which are
duly recorded and registered with the United States Copyright Office, as reflected by the following
registrations and applications: Cisco IOS 11.0 (Reg. No. TXu-1-036-057); Cisco IOS 11.1 (Reg. No.
TXu-1-048-569) (supplementing TX-5-531-435); Cisco IOS 11.2 (Reg. No. TXu-1-036-063); Cisco IOS
11.3 (Reg. No. TXu-1-057-804) (supplementing TXu-1-036-062); Cisco IOS 12.0 (Reg. No. TXu-1057-805) (supplementing TXu-1-036-064); Cisco IOS 12.1 (Reg. No. TXu-1-057-807) (supplementing
TXu-1-036-066); Cisco IOS 12.2 (Reg. No. TXu-1-057-806) (supplementing TXu-1-036-065); Cisco
IOS 12.3 (Reg. No. TXu-1-188-975); Cisco IOS 12.4 (Reg. No. TXu-1-259-162); Cisco IOS 15.0 (Reg.
No. TX 7-938-524); Cisco IOS 15.1 (Reg. No. TX 7-938-525); Cisco IOS 15.2 (Reg. No. TX 7-937159); Cisco IOS 15.4 (Reg. No. TX 7-938-341); Cisco IOS XR version 3.0 (Reg. No. TXu-1-237-896);
Cisco IOS XR version 3.2 (Reg. No. TXu-1-270-592); Cisco IOS XR version 3.3 (Reg. No. TXu-1-336997); Cisco IOS XR version 3.4 (Reg. No. TXu-1-344-750); Cisco IOS XR version 3.5 (Reg. No. TXu1-592-305); Cisco IOS XR version 4.3 (Reg. No. TX 7-933-364); Cisco IOS XR version 5.2 (Reg. No.
TX 7-933-353); Cisco IOS XE version 2.1 (Reg. No. TX 7-937-240); Cisco IOS XE version 3.5 (Reg.
No. TX 7-937-234); Cisco NX-OS Release 4.0 (Reg. No. TX 7-940-713); Cisco NX-OS Release 5.0
(Reg. No. TX 7-940-718); Cisco NX-OS Release 5.2 (Reg. No. TX 7-940-727); and Cisco NX-OS
Release 6.2 (Reg. No. TX 7-940-722) (collectively, the Cisco IOS Copyrighted Works).
26.
The Cisco IOS Copyrighted Works are original, creative works and copyrightable subject
matter under the laws of the United States. Cisco has complied in all respects with the Copyright Laws
28
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
of the United States, and the Register of Copyrights has issued Certificates of Registration for each of
the Cisco IOS Copyrighted Works. Attached hereto as Exhibits 3-28, and incorporated herein by
reference, are true and correct copies of the Certificates of Registration issued by the Copyright Office
for the Cisco IOS Copyrighted Works. The issued certificates that are attached reflect the date upon
which Cisco applied for a Certificate of Registration, the date on which the certificate was issued, and
the registration number assigned.
27.
As described generally above, a key component of Cisco IOS is the Command-Line
Interface or CLI. The CLI is the user interface by which users of Cisco products communicate with the
product in order to configure and manage the product. Ciscos CLI includes an elaborate taxonomy of
unique textual command expressions, authored by Ciscos employees, which a user learns in order to
talk to the product. When a command is entered by a human operator or computer script, Ciscos CLI
interprets the command and performs a particular operation associated with that command. Ciscos CLI
also includes an original structure and hierarchy (and naming convention) of command modes and
associated prompts, which support various, defined sets of the command expressions.
28.
The Cisco IOS Copyrighted Works (including their unique command expressions, and
unique command mode structure, prompts, and hierarchies) are original, expressive works that have
been developed over many years of creative endeavor by Cisco. Other competing developers of
networking products have created their own operating systems that differ from Ciscosincluding
different command expressions, different hierarchies, and different organizations of those commands
which evidences the many creative choices available to a creator of such works. Indeed, when
developing an operating system that includes a command-line interface, the software developer has a
range of options in deciding on the structure, sequence, and organization of the interface, including what
particular textual command expressions (or names) to compose, the purposes assigned to the commands,
and the hierarchy, structure, and naming conventions of the command modes and prompts. The Cisco
IOS Copyrighted Works represent numerous creative choices made by Cisco and Ciscos original
expression of one particular way to create such an operating system. Cisco has invested tens of
thousands of employee-hours in developing its unique operating system, which is protected from
28
8
1
2
3
4
5
6
7
8
9
10
11
unlawful copying under the Copyright Laws of the United States.

29.
guides, to its customers to assist them with the use of Cisco IOS. These manuals and guides describe the
details of Cisco IOS, the CLI, and how to configure Ciscos products for use in network operation.
Cisco has invested thousands of employee-hours in the preparation of the manuals and guides, each of
which is protected from unlawful copying under the Copyright Laws of the United States.
30.
14
15
versions that were uniquely created for different settings and particular Cisco products. Thus, each of
the Cisco IOS Copyrighted Works is the product of thousands of hours of Cisco employees time, and is
protected from unlawful copying under the Copyright Laws of the United States.
CISCOS PATENTED TECHNOLOGIES THAT ARE BASED IN CLI
31.
18
19
20
21
22
23
24
that are implemented with Ciscos CLI are described below.

U.S. Patent No. 7,047,526
32.
27
U.S. Patent No. 7,047,526 (the 526 patent) entitled Generic Command Interface for
Multiple Executable Routines issued on May 16, 2006, to Jeffrey Wheeler and Paul Mustoe. A true
and correct copy of the 526 patent is attached hereto as Exhibit 29.
33.
Cisco Systems, Inc., is the owner by assignment of the 526 patent and has the full right
to enforce and/or license the 526 patent.

34.
The 526 patent is valid and enforceable.
35.
The technologies claimed in the 526 patent are implemented with Ciscos CLI and are
key features that contribute to the success of Ciscos CLI.
25
26
In addition to Ciscos copyrighted works, Cisco also developed and owns a number of
patented technologies implemented with Ciscos CLI. Two examples of Ciscos patented technologies
16
17
Cisco IOS, including Ciscos CLI, has been continuously updated and improved by Cisco
over many years to incorporate additional creative expression developed by Cisco, including numerous
12
13
Cisco also produces creative and expressive documentation, such as user manuals and

36.
U.S. Patent No. 7,953,886 (the 886 patent) entitled Method and System of Receiving
and Translating CLI Command Data Within a Routing System issued on May 31, 2011, to Anil Bansal,
28
9
1
2
Jung Tjong, Prakash Bettadapur, and Sastry Varanasi. A true and correct copy of the 886 patent is
attached hereto as Exhibit 30.
3
4
37.
to enforce and/or license the 886 patent.
5
6
7
38.
The 886 patent is valid and enforceable.
39.
The technologies claimed in the 886 patent are implemented with Ciscos CLI and are
key features that contribute to the success of Ciscos CLI.
ARISTA BLATANTLY AND EXTENSIVELY COPIED CISCOS CLI
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Cisco Systems, Inc., is the owner by assignment of the 886 patent and has the full right
40.
Decades after Ciscos founding, former Cisco employees who were intimately and
directly familiar with Ciscos unique operating system, CLI, and other pioneering networking
technologies, including those protected by the copyrights and patents asserted in this action, started
Arista. Since that time, numerous additional Cisco employees who are also intimately familiar with
Cisco IOS and other pioneering technologies have taken that knowledge with them to Arista. For
example, Arista founder and Chief Development Officer Andreas Bechtolsheim served as Vice
President and General Manager of Ciscos Gigabit Systems Business Unit; Arista founder, Chief
Technology Officer, and Senior Vice President Kenneth Duda worked at Cisco for several years as a
software engineer in Ciscos Gigabit Systems Business Unit; Aristas current President and Chief
Executive Officer, Jayshree Ullal, worked at Cisco for more than a decade, including as Senior Vice
President of Ciscos Data Center, Switching, and Services Group (which is responsible for some of
Ciscos flagship networking product lines); and Aristas former Vice President of Systems Engineering
and Technology Marketing, Doug Gourlay, was previously Vice President of Ciscos Marketing Group.
Cisco strongly believes, and has repeatedly stated, that mobility of employees between companies
fosters innovation.3 Unlawful copying like that engaged in by Arista stifles innovation, however, and
cannot be condoned.
25
41.
Arista personnel, including Bechtolsheim, Ullal, and others, knew that Ciscos
26
27
28
Cisco, Cisco Blog - The Platform, Employee Mobility, available at

http://blogs.cisco.com/tag/employee-mobility/.
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
proprietary IOS and pioneering networking technologiesincluding the proprietary expression and
technologies covered by the Cisco IOS Copyrighted Works, and by the 526 patent and the 886 patent
(collectively, the Patents-in-Suit)drive customer demand for Ciscos products. Rather than invest in
the expensive and time-consuming effort that would have been necessary to develop its own features for
Aristas products, and specifically instead of investing the time and expense of developing its own CLI,
Arista decided to simply copy Ciscos unique approach and pioneering proprietary technologies, and
even to explicitly tout its copying to the market in attempts to sell Arista products that compete directly
with Cisco products.
42.
Aristas voluminous, unauthorized, and illegal misappropriation of Cisco technology has
been crucial to Aristas attempts to compete with Cisco. By extensively copying Ciscos copyrighted
operating system and its patented CLI technologies, Arista took an unlawful shortcut, thereby avoiding
the need to make investments that would have been necessary had Arista not copied Ciscos technology.
By doing so, Arista has been able to offer a directly competitive product to Cisco IOS, which Arista tells
customers substitutes for Ciscos offering in the same product market.
43.
Arista personnelmany of whom worked at Cisco at or after the time the technologies
were developed by Ciscowere well aware that the unique Cisco CLI that Arista appropriated is
protected by U.S. copyrights. By this action, Cisco seeks to stop Aristas willful, unauthorized, and
improper use of Ciscos copyrighted works, and to obtain damages for the significant harm caused to
Cisco by Aristas copying.
44.
Arista has blatantly copied and misappropriated numerous original and distinctive
elements of the Cisco IOS in order to compete with Cisco and create Aristas products and related
materials, including Aristas Extensible Operating System (EOS).
45.
Aristas President and Chief Executive Officer Jayshree Ullal has stated: Since I helped
build the enterprise, I would never compete with Cisco directly in the enterprise in a conventional way.
It makes no sense. It would take me 15 years and 15,000 engineers, and thats not a recipe for
26
27
28
11
1
2
3
4
success.4 In order to avoid the many years and engineers whom Ms. Ullal conceded it would have
taken for Arista to compete lawfully with Cisco, Arista decided instead to simply copy significant
portions of Ciscos copyrighted operating system, including the expression, organization, and hierarchy
of at least several hundred of Ciscos multi-word commands.
5
6
7
8
46.
of Arista products, that Arista copied Ciscos CLI. For example, Ms. Ullal stated that: [A] Cisco CCIE
expert would be able to use Arista right away, because we have a similar command-line interface and
operational look and feel. Where we dont have to invent, we dont.5
9
10
11
12
13
47.
16
17
18
Aristas co-founder and current Chief Technology Officer Kenneth Duda likewise stated
that Arista has learned to [p]rovide familiar interfaces to ease adoption including a standard CLI
that retains familiar management commands so much so that 80% [of Arista customers] tell us
they appreciate the way they can leverage their deep [Cisco] IOS experience, as they can easily
upgrade an aging [Cisco] Catalyst infrastructure to Arista.6
14
15
Ms. Ullal has specifically and publicly acknowledged, and even touted as a selling point
48.
Mr. Duda has further stated: Familiar management interfaces, standard CLI Its been
very helpful for our customers to be able to rapidly adopt our products and integrate them into their
environments that our switches provide a familiar management interface so their existing tools and
processes, screen scraping, automation, continue to work just as they did before.7 In fact, when asked
[i]f [customers] just want to take the [Arista] switch, just as theyre used to, take it out of the box, plug
19
20
21
22
23
See, e.g., Adam Lashinsky, An Ex-Cisco Exec Reflects, Fortune (Mar. 20, 2014) (emphasis
added), available at http://fortune.com/2014/03/20/an-ex-cisco-exec-reflects/.
See, e.g., John Gallant, How Arista Networks Got Out In Front of the SDN Craze, Network World
(Feb. 22, 2013) (emphasis added).
See, e.g., Posting of Kenneth Duda to Arista EOS Central, Linux as a Switch Operating System:
Five Lessons Learned (Nov. 5, 2013), available at https://eos.arista.com/linux-as-a-switchoperating-system-five-lessons-learned/ (emphasis added).
See, e.g., Arista, EOS Bites & Bytes - Episode 1 - Lessons Learned While Building a Network OS on
Top of Linux, Arista EOS Central - Video Library (Jan. 30, 2014), at 6:557:56, available at
http://eos.arista.com/wp-content/themes/aristaeos/video-lightbox.php?vid=ttp6lavHKGo (emphasis
added).
24
25
26
27
28
12
in your console, whatever, SSH in, its no different, Mr. Duda answered in the affirmative (Yeah).8
2
3
4
49.
white paper released by Arista stated [t]he familiar EOS command-line interface (CLI) avoids
retraining costs.9
5
6
7
8
9
10
11
12
13
50.
16
17
18
Consistent with its statements to the market, in order to create a directly competing
operating system and to make Aristas products more attractive to existing users of Cisco products,
Arista has substantially copied Ciscos CLI and infringed Ciscos copyrights in Cisco IOS (including the
CLI), including by copying at least several hundred of Ciscos multi-word command expressions,
Ciscos command mode structures and prompts, Ciscos command responses, and associated Cisco
documentation. The Cisco command expressions, command modes structures and prompts, command
responses, and associated user guide documentation copied by Arista were well known to Arista
personnel due to their past experiences as Cisco employees, and are accessible through Ciscos website
and online documentation, as well as through use of Ciscos products.
14
15
Arista has made similar statements in its product documentation for EOS. For example, a
51.
As described above, Arista EOS copied the expressions, organization, and hierarchies of
hundreds of multi-word command expressions from Cisco IOS. Arista copied at least 500 multi-word
commandsincluding the expression, organization, and hierarchies of those commandsfrom Ciscos
CLI, encompassing more than 40% of Aristas multi-word commands. The following chart includes a
few representative examples of the multi-word commands copied by Arista:
19
20
21
22
23
24
25
26
See, e.g., Arista, EOS Bites & Bytes - Episode 1 - Lessons Learned While Building a Network OS on
Top of Linux, Arista EOS Central - Video Library (Jan. 30, 2014), at 8:1222, available at
http://eos.arista.com/wp-content/themes/aristaeos/video-lightbox.php?vid=ttp6lavHKGo.
See, e.g., Arista, EOS: An Extensible Operating System (emphasis added).
27
28
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
52.
word command expressions and command hierarchies:
15
16
aaa command hierarchy (at least 7 matches), including the following exemplary multiword command(s):
17
o aaa group server radius
18
o aaa group server tacacs+
19
20
bgp command hierarchy (at least 7 matches), including the following exemplary multiword command(s):
21
o bgp client-to-client reflection
22
23
clear command hierarchy (at least 16 matches), including the following exemplary multiword command(s):
24
o clear ip igmp group
25
o clear ip nat translation
26
27
The following list shows examples of Aristas infringement of Ciscos detailed multi-
dot1x command hierarchy (at least 8 matches), including the following exemplary multiword command(s):
28
14
o dot1x max-reauth-req
ip command hierarchy (at least 94 matches), including the following exemplary multi-word
command(s):
o ip as-path access-list
o ip dhcp sub-hierarchy (at least 5 matches), including the following exemplary
multi-word command(s):
o ip igmp sub-hierarchy (at least 15 matches), including the following exemplary
10
11
12
o
16
ip igmp static-group
ip msdp sa-filter in
ip ospf sub-hierarchy (at least 13 matches), including the following exemplary

17
18
19
ip ospf shutdown
ip ospf transmit-delay
o ip pim sub-hierarchy (at least 16 matches), including the following exemplary
20
21
22
23
27
15
26
ip igmp last-member-query-count
14
25
o ip msdp sub-hierarchy (at least 13 matches), including the following exemplary
13
24
ip dhcp snooping
ip pim dr-priority
ip pim query-interval
ipv6 command hierarchy (at least 28 matches), including:

o ipv6 nd sub-hierarchy (at least 9 matches), including the following exemplary
ipv6 nd managed-config-flag
ipv6 nd ns-interval
28
15
o ipv6 ospf sub-hierarchy (at least 8 matches), including the following exemplary
ipv6 ospf cost
neighbor command hierarchy (at least 22 matches), including the following exemplary
o neighbor ebgp-multihop
o neighbor route-reflector-client
show command hierarchy (at least 162 matches), including the following exemplary multiword command(s):
10
o show aaa method-lists
11
o show interfaces sub-hierarchy (at least 9 matches), including the following
12
exemplary multi-word command(s):
13
14
show interfaces private-vlan mapping
o show ip sub-hierarchy (at least 50 matches), including:
15
16
show ip bgp sub-hierarchy (at least 8 matches), including the following

17
18
19
show ip bgp regexp
show ip mroute
o show ipv6 sub-hierarchy (at least 16 matches), including:
20
21
show ipv6 ospf sub-hierarchy (at least 4 matches), including the following
22
23
24
25
show ipv6 ospf border-routers
show ipv6 route sub-hierarchy (at least 3 matches)
snmp-server command hierarchy (at least 12 matches), including the following exemplary
26
o snmp-server location
27
spanning-tree command hierarchy (at least 14 matches), including the following exemplary
28
16
o spanning-tree bpduguard
vrrp command hierarchy (at least 10 matches), including the following exemplary multiword command(s):
5
o
6
o banner login
o bfd all-interfaces
10
o default-information originate (OSPFv3)
11
o errdisable detect cause link-flap
12
o interface vlan
13
o isis priority
14
o log-adjacency-changes (OSPFv3)
15
o mac access-group
16
o redundancy force-switchover
17
o snmp trap link-status
18
o spf-interval
19
21
22
23
Other command expressions and hierarchies, including, for example the following exemplary
20
vrrp timers advertise
o vlan internal allocation policy

53.
A more comprehensive list of Aristas copying of Cisco IOS command expressions is
provided in Exhibit 1 to this Complaint.

54.
Arista EOS also copied Cisco IOSs command modes and prompts. The following
comparison shows examples of Aristas infringement of Ciscos command modes and prompts:
24
25
26
27
28
17
1
2
Cisco IOS Command Modes10
Arista EOS Command Modes11
3
4
5
6
7
8
9
10
11
12
13
55.
14
15
16
17
18
19
20
21
22
Arista also makes available to customers and prospective customers documentation such
as user manuals and guides that explain the function of its networking products that use EOS. In
creating Aristas documentation, Arista has copied extensively from Cisco IOS documentation. In many
cases, Arista has copied portions of text verbatim from Cisco IOS documentation, even in some
instances including grammatical errors, which is direct evidence of Aristas blatant and extensive
copying of Ciscos copyrighted works. As a result, and consistent with Aristas copying of Ciscos CLI,
significant portions of Aristas documentation are substantially similar to and in many instances
precisely the same as Cisco IOS documentation. The following comparison shows an example of
Aristas documentation that copies Cisco IOS documentation:
23
24
25
26
27
28
10
See, e.g., Cisco, Using the Command-Line Interface in Cisco IOS Software, at iii (contained in, e.g.,
Cisco IOS Interface and Hardware Component Command Reference (Oct. 2009)).
11
See, e.g., Arista, Arista User Manual (EOS version 4.13.6F, 14 April 2014), at 113 3.4.1.
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
56.
The following comparison shows examples of Aristas copying of Cisco IOS
documentation such as user manuals and guides:
16
17
18
Cisco IOS Guides
Arista EOS Guide
19
20
21
Cisco IOS IP Addressing Services Command

Reference, Release 12.4 (2005), at IAD-156
22
Arista User Manual (EOS Version 4.13.6F), at 1234
23
24
25
26
27
Cisco IOS Security Command Reference, Release 12.4

(2005), at SEC-943
28
19
Cisco IOS Guides
Arista EOS Guide
2
3
4
5
6
Cisco IOS IP Multicast Command Reference, Release

12.4 (2005), at IMC-242
7
9
10
11
12
13
14
15
Cisco IOS IP Routing Protocols: Command
Reference, Release 12.4 (2005), at IP2R-612-13
16
17
18
57.
2.
19
ARISTA WILLFULLY INFRINGED CISCOS PATENTS BY RELEASING

A NEW PRODUCT WITH NEW INFRINGING FUNCTIONALITY
20
21
Additional examples of Aristas copying of Cisco documentation are provided in Exhibit
58.
On December 9, 2014four days after Cisco filed its original complaint in this action,
22
Arista engaged in new conduct demonstrating its willful disregard for Ciscos intellectual property.
23
Despite the notice of the Patents-in-Suit that it had received from Ciscos original complaint, Arista and
24
its executives decided to release, market and widely publicize a new infringing product incorporating
25
new infringing elements, rather than taking corrective action to avoid infringement of Ciscos
26
intellectual property. In a press release entitled Arista Introduces EOS+, Arista announced the
27
addition of a new product labeled The EOS+ Platform, which Arista described as a software
28
20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
platform for network programmability and automation. See http://www.arista.com/en/company/

news/press-release/1031-pr-20141210 (emphasis added). As alleged herein, the EOS+ Platform is a new
product that expands the infringement beyond the infringing functionality also contained in preexisting
EOS-based products, rendering Aristas post-filing infringement of the 526 patent and the 886 patent
deliberate and willful.12 In particular, EOS+ provides a platform for Aristas customers and technology
partners to build and customize their own software applications for Aristas operating system and
networking equipment. This functionality is not present in the earlier EOS products, yet infringes the
Patents-in-Suit in a new way by permitting use of the infringing technology in a manner that was not
performed in the earlier products.
59.
The EOS+ Platform is not merely a bug-fix, update or revision of the existing set of
infringing products identified in the original complaint, but is a new product directed at new customers.
According to Arista, EOS+ introduced new categories of functionality (e.g., EOS SDK, EOS
Applications described infra), which are identified in the following passage from Aristas December 10,
2014 press release.
15
16
17
18
19
20
21
22
23
24
25
60.
These newly added functions are the building blocks of EOS+ that provide a separate
26
27
28
12
Cisco could have brought a separate patent infringement suit against the newly released EOS+ product alleging willful
infringement based on Aristas release of EOS+ after receiving notice of the Patents-in-Suit from the original complaint, but
chose to include its willfulness allegations in this second amended complaint in order to promote judicial economy and to
avoid unnecessary duplication of litigation proceedings.
21
1
2
3
and materially different basis for infringement of the Patents-in-Suit than infringement that originated in
EOS. See Arista Solution Brief, EOS+ Solution Overview (http://www.arista.com/assets/data/pdf/
EOS+SolutionOverview-Brief.pdf).
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
61.
The launch of the EOS+ Platform was announced by Aristas Chief Technology Officer,
Kenneth Duda, who had worked for Cisco prior to co-founding Arista. On information and belief, Mr.
Duda and/or other Arista engineers who had worked previously for Cisco were exposed to highly
confidential source code and product implementation details for a wide variety of Ciscos proprietary
products and technologies, e.g., Ciscos CLI parser, centralized database system (sysDB),
management applications, and software development tools and interfaces. In his December 9, 2014
video announcement, despite having received notice of the Patents-in-Suit and Ciscos infringement
allegations four days earlier, Mr. Duda publicly touted the infringing aspects of the new EOS+ Platform
and its alleged benefits, including the programmability of various management applications in order to
ensure that they are customized to the customers environmentfeatures that were not included in the
earlier EOS products. See http://youtu.be/h_Bw_RslptY. The intentional disregard for Ciscos
intellectual property demonstrated by Mr. Duda and other executives at Arista provide further evidence
of Aristas willful conduct in infringing the Patents-in-Suit through the release of the EOS+ Platform
after the original complaint was filed.
62.
An examplebut only one exampleof the new infringing functionality in the EOS+
Platform is the EOS SDK (Software Development Kit). On December 9, 2014, Aristathrough a
28
22
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
public web site posting by one of its software engineers, Ryan Madsenpublished Version 1.5.0 of the
EOS SDK feature for the EOS+ product, which he described as the first public release of SDK. See
https://github.com/aristanetworks/EosSdk/releases (emphasis added); see also
https://github.com/aristanetworks/EosSdk and https://github.com/aristanetworks/EosSdk/wiki.
Generally speaking, an SDK is a set of tools and/or interfaces to help software developers build custom
applications that integrate with the underlying platform or operating system. SDKs have been
commonly utilized by Cisco and other technology companies, and Cisco is not claiming patent
protection on SDKs generally. Rather, the specific SDK employed by Arista in combination with other
components of the EOS+ Platform results in infringement of the Patents-in-Suit, which cover specific
systems and methods for enabling generic CLI commands for managing various management programs
for the operation of networking equipment and for transmitting and parsing CLI commands in an XMLbased format using CLI syntax.
63.
With the release of the EOS+ Platform, Arista and its customers and technology partners
use the newly added SDK to create new custom management programs (agents) for the infringing
EOS+-based products, which utilize new infringing CLI commands and translators. Previously,
customers and technology partners of Arista were not able to access and use private application
programming interfaces, programming tools, documentation and source code from Arista in developing
and customizing their own applications for the Arista platform and operating system. In particular,
Aristas SDK enables these agents to access Aristas native programming interfaces and its sysDB
database in order to translate program-specific commands to generic commands in an infringing
manner. Additionally, the CLI commands for these agents can be transmitted across network
connections using the infringing Extensible Messaging and Presence Protocol (XMPP) and/or EOS
Command API (eAPI) interfaces that are integrated into EOS+. See Arista Solution Brief, EOS+
Solution Overview (http://www.arista.com/assets/data/pdf/ EOS+SolutionOverview-Brief.pdf). Thus,
the newly added EOS SDK functionality in the EOS+ Platform provides a separate and new basis for
infringement of the Patents-in-Suit, compared to the infringement caused by the previous EOS-based
products, including the development of new infringing applications, the addition of new infringing CLI
28
23
1
2
commands, plug-ins and translators, and separate integration with an infringing CLI parser and
infringing XMPP and/or eAPI functionality.
3
4
5
6
7
8
9
10
64.
selling to customers who had not previously purchased an earlier EOS product. According to Arista
itself and third-party industry publications, the EOS+ Platform enables Arista to offer new value
propositions (e.g., benefits of cloud scale to mainstream enterprises through network automation and
management that are customizable), and to reach new market segments (e.g., opens the door for the
company to sell into the DevOps groups as well as NetOps13), compared to its prior EOS products.
See, e.g., http://youtu.be/h_Bw_RslptY; http://www.networkworld.com/article/2859820/ciscosubnet/arista-makes-a-platform-play-with-eos.html.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Arista relies on the EOS+ Platform and its new infringing functionality in marketing and
65.
Another new, infringing functionality in the EOS+ Platform is the set of new EOS
Applications previously not integrated into prior EOS products. See

http://www.arista.com/assets/data/pdf/ EOS+SolutionOverview-Brief.pdf;
http://www.arista.com/en/solutions/eos-platform. The EOS Applications are pre-built management
applications that allow Aristas customers to interact with Aristas networking equipment and related
software components in new and different ways, compared to their interaction with prior EOS-based
products. These integrated applications are described by Arista as turnkey software solutions that
extend the baseline EOS feature set and offer integration with technology partners and DevOps tools,
addressing a wide range of operational needs such as provisioning and monitoring. See
http://www.arista.com/assets/data/pdf/ EOS+SolutionOverview-Brief.pdf. These integrated EOS
Applications result in a separate and new basis of infringement for the Patents-in-Suit, including new
infringing CLI commands, plug-ins and translators. On information and belief, these new EOS
Applications additionally support receiving CLI commands via the infringing XMPP and/or eAPI
functionality.
25
26
27
28
13
DevOps stands for Development Operations, and NetOps stands for Network Operations. Typically, NetOpsoriented companies rely on specialized networking hardware with dedicated software, while DevOps-oriented companies rely
on standard networking hardware combined with cloud-based software that can be stored in remote servers and deployed
over the Internet as needed. See, e.g., http://inform.tmforum.org/strategic-programs-2/agile-business-it/2014/10/netopsdevops-making-switch/.
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
COUNT I - COPYRIGHT INFRINGEMENT

66.
Cisco incorporates and realleges Paragraphs 1 through 73 of this Complaint as if fully set
forth herein.
67.
By Aristas actions alleged above, Arista has infringed and will continue to infringe the
Cisco IOS Copyrighted Works by, inter alia, reproducing, distributing, publicly performing, and/or
publicly displaying its products (including Arista EOS/EOS+) and associated documentation, which are
substantially similar to and derived from Cisco IOS Copyrighted Works, in violation of Ciscos
exclusive rights at least under 17 U.S.C. 101 et seq. without any authorization or other permission
from Cisco.
68.
Upon information and belief, Aristas infringement of Ciscos copyrights has been
deliberate, willful, and in utter disregard of Ciscos rights.

69.
Arista has realized unjust profits, gains, and advantages as a proximate result of its
infringement.
70.
Arista will continue to realize unjust profits, gains, and advantages as a proximate result
of its infringement as long as such infringement is permitted to continue.

71.
As a direct and proximate result of Aristas willful copyright infringement, Cisco has
suffered, and will continue to suffer, monetary loss to its business, reputation, and goodwill. Cisco is
entitled to recover from Arista, in amounts to be determined at trial, the damages it has sustained and
will sustain, and any gains, profits, and advantages obtained by Arista as a result of Aristas acts of
infringement and use and publication of the copied materials.
72.
Cisco is entitled to an injunction restraining Arista from engaging in any further such acts
in violation of the Copyright Laws of the United States. Unless Arista is enjoined and prohibited from
infringing Ciscos copyrights through its infringing products and documentation, Arista will continue to
intentionally infringe Ciscos registered copyrights.
73.
Cisco is further entitled to recover from Arista damages, including attorneys fees and
costs, it has sustained and will sustain, and any gains, profits, and advantages obtained by Arista as a
result of its acts of infringement as alleged above. At present, the amount of such damages, gains,
28
25
1
2
3
profits, and advantages cannot be fully ascertained by Cisco, but will be established according to proof
at trial. Cisco is also entitled to recover statutory damages for Aristas willful infringement of its
copyrights.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
COUNT II - INFRINGEMENT OF THE 526 PATENT

74.
forth herein.
75.
The USPTO duly and legally issued the 526 patent on May 16, 2006.
76.
Arista has infringed, and continues to infringe, has contributed to and continues to
contribute to acts of infringement, and/or has actively and knowingly induced and continues to actively
and knowingly induce the infringement of one or more claims of the 526 patent, including at least claim
14, either literally or under the doctrine of equivalents, by making, using, selling, and/or offering for sale
within the United States and/or importing into the United States networking products, including but not
limited to the Arista 7010, 7048, 7050, 7050X, 7100, 7150, 7200, 7250X, 7280E, 7300, 7300X, 7500,
and 7500E series of switches, including, without limitation, those devices implementations of
functionality underlying Aristas command-line interface.
77.
Arista has actual knowledge of the 526 patent at least as of December 5, 2014, when
Cisco filed its original complaint in this matter. Since that time, Arista actively has been inducing and
contributing to the infringement of others, including purchasers who deploy the accused products in
their networks, to directly infringe at least claim 14 of the 526 patent. Specifically, since at least
December 5, 2014, Arista knowingly has induced infringement of the 526 patent with specific intent to
do so including by providing at least manuals, white papers, training, and/or other support to purchasers
to perform acts intended by Arista to cause direct infringement of at least claim 14 of the 526 patent.
Additionally, the accused products were especially designed, made, and/or adapted for use in an
infringing manner. The accused products, including without limitation Aristas command line interface
functionality, embody either the claimed inventions on their own or are material, non-staple components
of end-use products that embody the claimed inventions, which components have no substantial noninfringing uses.
28
26
1
2
3
4
5
6
7
8
9
10
78.
injury to Cisco, and Cisco will continue to suffer damage and irreparable injury unless and until that
infringement is enjoined by this Court.
79.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Cisco is entitled to injunctive relief and damages in accordance with 35 U.S.C. 271,
281, 283, and 284.

80.
Since December 5, 2014, Arista has infringed the 526 patent as alleged above with
willful, intentional, and conscious disregard of the objectively high likelihood that its acts constitute
infringement of the 526 patent despite having prior knowledge of the patent based on notice from
Ciscos original complaint. Because Aristas infringement of the 526 patent since December 5, 2014 is
willful, Cisco is entitled to enhanced damages for that time period under 35 U.S.C. 284.
11
12
Aristas infringement has caused, and is continuing to cause, damage and irreparable
COUNT III - INFRINGEMENT OF THE 886 PATENT

81.
forth herein.
82.
The USPTO duly and legally issued the 886 patent on May 31, 2011.
83.
Arista has infringed, and continues to infringe, has contributed to and continues to
contribute to acts of infringement, and/or has actively and knowingly induced and continues to actively
and knowingly induce the infringement of one or more claims of the 886 patent, including at least claim
6, either literally or under the doctrine of equivalents, by making, using, selling, and/or offering for sale
within the United States and/or importing into the United States networking products, including but not
limited to the Arista 7010, 7048, 7050, 7050X, 7100, 7150, 7200, 7250X, 7280E, 7300, 7300X, 7500,
and 7500E series of switches and/or CloudVision, including, without limitation, Aristas devices
implementations of Aristas CloudVision and/or eAPI functionality.
84.
Arista has actual knowledge of the 886 patent at least as of December 5, 2014, when
Cisco filed its original complaint in this matter. Since that time, Arista actively has been inducing and
contributing to the infringement of others, including purchasers who deploy the accused products in
their networks, to directly infringe at least claim 6 of the 886 patent. Specifically, in light of the above,
since at least December 5, 2014, Arista knowingly has induced infringement of the 886 patent with
28
27
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
specific intent to do so including by providing at least manuals, white papers, training, and/or other
support to purchasers to perform acts intended by Arista to cause direct infringement of at least claim 6
of the 886 patent. Additionally, the accused products were especially designed, made, and/or adapted
for use in an infringing manner. The accused products, including without limitation Aristas
CloudVision and/or eAPI functionality, embody either the claimed inventions on their own or are
material, non-staple components of end-use products that embody the claimed inventions, which
components have no substantial non-infringing uses.
85.
Aristas infringement has caused, and is continuing to cause, damage and irreparable
injury to Cisco, and Cisco will continue to suffer damage and irreparable injury unless and until that
infringement is enjoined by this Court.
86.
Cisco is entitled to injunctive relief and damages in accordance with 35 U.S.C. 271,
281, 283, and 284.

87.
Since December 5, 2014, Arista has infringed the 886 patent as alleged above with
willful, intentional, and conscious disregard of the objectively high likelihood that its acts constitute
infringement of the 886 patent, despite having prior knowledge of the patent based on notice from
Ciscos original complaint. Because Aristas infringement of the 886 patent since December 5, 2014 is
willful, Cisco is entitled to enhanced damages for that time period under 35 U.S.C. 284.
PRAYER FOR RELIEF
WHEREFORE, Cisco prays for relief as follows:
1. For a declaration that Arista has infringed Ciscos copyrights in Cisco IOS
Copyrighted Works;
2. For a declaration that Arista has infringed the 526 and 886 patents (collectively,
the Patents-in-Suit);
3. For a declaration of a substantial likelihood that Arista will continue to infringe
Ciscos intellectual property unless enjoined from doing so;
4. That, in accordance with 17 U.S.C. 502, Arista and all affiliates, employees,
agents, officers, directors, attorneys, successors, and assigns, and all those acting on
28
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
behalf of or in active concert or participation with any of them, be preliminarily and

permanently enjoined from infringing Ciscos copyrights in Cisco IOS, including in
the Cisco IOS Copyrighted Works, including, but not limited to, continuing to
publicly display, sell, distribute, offer, market, advertise, promote, or accept
customers for Aristas networking products (including Arista EOS/EOS+) and
documentation (or any other product or work that is substantially similar to Cisco
IOS), and from participating or assisting in any such activity;
5. That, in accordance with 35 U.S.C. 283, Arista, and all affiliates, employees,
agents, officers, directors, attorneys, successors, and assigns, and all those acting on
behalf of or in active concert or participation with any of them, be preliminarily and
permanently enjoined from infringing the Patents-in-Suit;
6. For a declaration that Arista must render a full and complete accounting to Cisco for
Aristas profits, gains, advantages, or the value of business opportunities received
from the foregoing acts of infringement;
7. For an award of damages for all damages suffered by Cisco and for any profits or
gain by Arista attributable to infringement of Ciscos copyrights in amounts to be
determined at trial;
8. For an award of statutory damages to Cisco based upon Aristas willful acts of
infringement pursuant to the Copyright Laws, 17 U.S.C. 101 et seq.;
9. For an award of damages sufficient to compensate Cisco for Aristas direct
infringement of the Patents-in-Suit, including lost profits suffered by Cisco as a
result of Aristas infringement and in an amount not less than a reasonable royalty;
10. For an award of damages sufficient to compensate Cisco for Aristas indirect
infringement of the Patents-in-Suit, including lost profits suffered by Cisco as a
result of Aristas infringement and in an amount not less than a reasonable royalty,
in the time period after December 5, 2014 when Cisco filed its original complaint in
this case;
28
29
1
2
3
4
5
6
7
8
9
10
11
11. For an award of damages, including trebling of all damages, sufficient to remedy
Aristas willful infringement of the Patents-in-Suit in the time period after December
5, 2014, when Cisco filed its original complaint in this case, including lost profits
suffered by Cisco as a result of Aristas infringement and in an amount not less than
a reasonable royalty;
12. For an award to Cisco of its reasonable attorneys fees, expenses, and costs incurred
in this action under 17 U.S.C. 505;
13. For a declaration that this case is exceptional under 35 U.S.C. 285, and an award
to Cisco of its reasonable attorneys fees, expenses, and costs incurred in this action;
14. For an award of prejudgment and post-judgment interest; and
15. For such other and further relief as this Court shall deem appropriate.
12
13
14
15
DEMAND FOR JURY TRIAL

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Cisco demands a trial by jury on
all issues raised by the Complaint.
16
17
DATED: July 23, 2015
Respectfully submitted,
18
19
/s/ Sean S. Pak
20
Kathleen Sullivan (SBN 242261)

kathleensullivan@quinnemanuel.com
SULLIVAN LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Telephone: (212) 849-7000
Facsimile: (212) 849-7100
21
22
23
24
25
26
27
28
Sean S. Pak (SBN 219032)

seanpak@quinnemanuel.com
John M. Neukom (SBN 275887)
johnneukom@quinnemanuel.com.
SULLIVAN LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
30
Telephone: (415) 875-6600

Facsimile: (415) 875-6700
2
3
4
5
6
7
8
9
10
Mark Tung (SBN 245782)

marktung@quinnemanuel.com
SULLIVAN LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
Telephone: (650) 801-5000
Facsimile: (650) 801-5100
Steven Cherny (admission pro hac vice
pending)
steven.cherny@kirkland.com
601 Lexington Avenue
New York, New York 10022
Telephone: (212) 446-4800
Facsimile: (212) 446-4900
11
12
13
14
Adam R. Alper (SBN 196834)

adam.alper@kirkland.com
555 California Street
San Francisco, California 94104
Telephone: (415) 439-1400
Facsimile: (415) 439-1500
15
16
17
18
Michael W. De Vries (SBN 211001)

michael.devries@kirkland.com
333 South Hope Street
Los Angeles, California 90071
Telephone: (213) 680-8400
Facsimile: (213) 680-8500
19
Attorneys for Plaintiff Cisco Systems, Inc.
20
21
22
23
24
25
26
27
28
31
Appendix of Exhibits
2
3
NO.
1
2
4A
4B
6A
10
6B
11
7A
12
7B
13
8A
14
8B
15
16
17
18
19
20
21
22
23
24
9A
9B
10
11
12
13
14
15
16
17
25
18
26
19
27
20
28
DESCRIPTION
Examples of Copied Cisco Commands
Examples of Copied Cisco Documentation
U.S. Copyright Registration for Cisco IOS 11.0 (Reg. No. TXu
1-036-057)
U.S. Copyright Registration for Cisco IOS 11.1 (Reg. No. TX
5-531-435)
Supplemental U.S. Copyright Registration for Cisco IOS 11.1
(Reg. No. TXu 1-048-569)
1-036-063)
1-036-062)
(Reg. No. TXu 1-057-804)
1-036-064)
(Reg. No. TXu 1-057-805)
1-036-066)
(Reg. No. TXu 1-057-807)
1-036-065)
(Reg. No. TXu 1-057-806)
1-188-975)
1-259-162)
7-938-524)
7-938-525)
7-937-159)
7-938-341)
U.S. Copyright Registration for Cisco IOS XR version 3.0 (Reg.
No. TXu 1-237-896)
No. TXu 1-270-592)
No. TXu 1-336-997)
No. TXu 1-344-750)
No. TXu 1-592-305)
1
NO.
21
22
23
24
25
26
27
28
10
29
30
DESCRIPTION
No. TX 7-933-364)
No. TX 7-933-353)
U.S. Copyright Registration for Cisco IOS XE 2.1 (Reg. No.
TX 7-937-240)
U.S. Copyright Registration for Cisco IOS XE 3.5 (Reg. No.
TX 7-937-234)
U.S. Copyright Registration for Cisco NX-OS 4.0 (Reg. No.
TX 7-940-713)
U.S. Copyright Registration for Cisco NX-OS 5.0 (Reg. No. TX
7-940-718)
7-940-727)
7-940-722)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

Cisco Second Amended Complaint Against Arista

Uploaded by

Copyright:

Available Formats

Cisco Second Amended Complaint Against Arista

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Cisco Second Amended Complaint Against Arista

Uploaded by

Copyright:

Available Formats

1

Kathleen Sullivan (SBN 242261)

Steven Cherny (pro hac vice )

Adam R. Alper (SBN 196834)

Sean S. Pak (SBN 219032)

Michael W. De Vries (SBN 211001)

Mark Tung (SBN 245782)

Attorneys for Plaintiff Cisco Systems, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CASE NO. 5:14-cv-5344-BLF

SECOND AMENDED COMPLAINT FOR COPYRIGHT AND PATENT INFRINGEMENT

Arista deliberately and repeatedly engaged in extensive copying in order to compete

In fact, by simply copying numerous networking technologies developed by Cisco, Arista

invent, we dont. (Emphasis added.)

Cisco, Cisco Blog - The Platform, Employee Mobility, available at

This Complaint includes an Intellectual Property Action, which is an excepted category

CISCO IS THE WORLDWIDE LEADER IN NETWORKING INNOVATIONS

Founded in 1984, Cisco is the worldwide leader in developing, implementing, and

cities and campuses, and around the world.

than ten thousand engineers in California and elsewhere.

portfolio including the two patents asserted in this action.

CISCOS COPYRIGHTED OPERATING SYSTEM

As described generally above, a key component of Cisco IOS is the Command-Line

unlawful copying under the Copyright Laws of the United States.

that are implemented with Ciscos CLI are described below.

to enforce and/or license the 526 patent.

The 526 patent is valid and enforceable.

key features that contribute to the success of Ciscos CLI.

U.S. Patent No. 7,953,886

to enforce and/or license the 886 patent.

The 886 patent is valid and enforceable.

key features that contribute to the success of Ciscos CLI.

ARISTA BLATANTLY AND EXTENSIVELY COPIED CISCOS CLI

Cisco, Cisco Blog - The Platform, Employee Mobility, available at

Aristas voluminous, unauthorized, and illegal misappropriation of Cisco technology has

See, e.g., Arista, EOS: An Extensible Operating System (emphasis added).

word command expressions and command hierarchies:

o aaa group server radius

o aaa group server tacacs+

o bgp client-to-client reflection

o clear ip igmp group

o clear ip nat translation

o ip dhcp sub-hierarchy (at least 5 matches), including the following exemplary

o ip igmp sub-hierarchy (at least 15 matches), including the following exemplary

ip ospf sub-hierarchy (at least 13 matches), including the following exemplary

o ip pim sub-hierarchy (at least 16 matches), including the following exemplary

o ip msdp sub-hierarchy (at least 13 matches), including the following exemplary

ipv6 command hierarchy (at least 28 matches), including:

ipv6 ospf cost

o show aaa method-lists

o show interfaces sub-hierarchy (at least 9 matches), including the following

exemplary multi-word command(s):

show interfaces private-vlan mapping

o show ip sub-hierarchy (at least 50 matches), including:

show ip bgp sub-hierarchy (at least 8 matches), including the following

show ip bgp regexp

o show ipv6 sub-hierarchy (at least 16 matches), including:

show ipv6 ospf border-routers